1. This petition is for setting aside the exparte order, dated, 26-3-1963 passed in Civil Revision No. 550 of 1962 Chainsingh and another Vs. Dulichand, Civil Revision No. 550 of 1962 and for a rehearing of the revision. The ground alleged is that although the petitioner had engaged a counsel, namely Shri R. K. Vijayvargiya Advocate, who had filed his power before the due date namely, on 15-3-1963, the case was not heard on that date stated in the notice. It was actually heard on 26-3-1963, when it was decided ex parte. The counsel did not appear as his name was not mentioned is the cause list. Therefore, he failed to note the case in the cause list.

2. The learned counsel for the respondents urged that Order 41 Rule 21, Civil Procedure Code would not be applicable to a revision under section 115, Civil Procedure Code and, therefore, the present revision for setting aside an exparte order is not tenable. In this connection, attention is invited to the observations of Byers J. in A. Ramamurthi Iyer and others Vs. T. A. Meenakshisundarmmal and another, AIR 1945 Mad. 103 wherein the learned Judge held that a revision under section 115 of the Civil Procedure Code could be dismissed